SCHENK v. MALONEY


266 A.D.2d 199 (1999)

697 N.Y.S.2d 332

SUSAN SCHENK et al., Appellants, v. BRIAN A. MALONEY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 1, 1999.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was to compel the plaintiff Susan Schenk to submit to a psychiatric examination is denied.

Almost two years after service of the note of issue and certificate of readiness, the defendant moved to compel the injured plaintiff to undergo a psychiatric examination. The defendant waived his right to conduct a psychiatric examination of the...

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